Ridiculous Jury Award in Philly

[Earl]

If you wonder why everything in aviation costs way more than it should look at the following article.

http://www.philly.com/philly/business/homepage/20100407_Phila__jury_awards__89_million_in_plane_crash.html

This was an 18 year old plane that was overloaded, probably out of CG that crashed.  So the engine was fine for 18 years and who knows how many thousands of hours and suddenly Lycoming is responsible for the accident.  This is just one of many reasons we need tort reform in this country.

[rgaines]

If Lycoming actually concealed known defects do you really want tort reform?

First, tHe article did not state that the plane was overloaded. It stated the plane was near its maximum weight.

Second, the jury found that the crash was caused by a faulty carberator - therefore even if the plane was overloaded that possible fact did not cause the crash. 

Third, the jury apparenty found that Lycoming concealed a known defect. For the moment assume that Lycoming did conceal the defect. If this is true why ask for "tort reform" to protect Lycoming?

Finally, the court may reduce the jury award depending on the circumstances.

 

[Earl]

Quote: rgaines

If Lycoming actually concealed known defects do you really want tort reform?

First, tHe article did not state that the plane was overloaded. It stated the plane was near its maximum weight.

Second, the jury found that the crash was caused by a faulty carberator - therefore even if the plane was overloaded that possible fact did not cause the crash. 

Third, the jury apparenty found that Lycoming concealed a known defect. For the moment assume that Lycoming did conceal the defect. If this is true why ask for "tort reform" to protect Lycoming?

Finally, the court may reduce the jury award depending on the circumstances.

 

[GeorgePerry]

I dont' think anyone can argue with the fact that Jury awards against GA suppliers and manufacturers have forced prices of aviation products through the roof.  One obseen example of a jury award that was completely out of control comes from a recent law suit against Cirrus.  A jury awarded the family of a non instrument rated pilot over $16M after he took off in low IFR comditions and crashed shortly there after. The pilot killed himself and his passenger.  Some fancy lawering convinced the jury that Cirrus didn't provide "adequate" training...thus the verdict.

Any educated aviator knows that any pilot foolish enough to do what this individual did is asking for trouble.  Without tort reform ignorant jurys will continue to punish well meaning, responsible companies for the foolishness of thier customers.

 

 

[Tom]

Fact is, some of us wouldn't be able to afford to own a Mooney, etc, etc, where it not for all the rest of us schmucks who work for a living. I don't mean to sound too "political" or "off topic" but this subject has killed general aviation.  We are perhaps the last generation in the country who will enjoy the freedom of flight.  Extremism in the defence of flight is no vice (if you will).

 

[docket]

Good thing I am an oil and gas lawyer.  All I ever have to convice a jury about is that the oil companies are evil.

[Earl]

Quote: docket

Good thing I am an oil and gas lawyer.  All I ever have to convice a jury about is that the oil companies are evil.

[skyking]

Hey!!!! I work for an Oil Comany!

How did we get dragged into this?

[Earl]

Quote: skyking

Hey!!!! I work for an Oil Comany!

How did we get dragged into this?

[jmills]

Blah, edit.

I'm new here on the forum, and don't want to stir anything up. So I figure I'll just keep my mouth closed on this topic.

[Earl]

Quote: jmills

China has good anti-tort laws... I'm just saying, careful what we wish for...

[jmills]

Quote: ehscott

Implying that we would be like China with some reasonable tort reform is just a wee bit of a stretch, don't you think?  I would love to have their GDP growth (9.7% over the last 10 years).

[skyking]

I work in an in-situ process.

We do not have tailing ponds, recycle 100% of our water and are a certified zero emissions facility.

 

[Kwixdraw]

Looking for justice in any legal proceeding is like hunting for unicorns. There is a lot of hunting but not much finding. Retired from a municipal police department after 24 years and married to a family law attorney who only handles cases for men. (Dadslaw if any of you poor devils have need.)  I'm afraid that the era of the "rugged individualist" American is just about done. Everyone is entirely too willing to feel victimized if there is enough upside to it. I think there are certain activities that should have an implied acceptance of the risks associated with that activity.  Let an airline impress me with their safety record not just their cheap fare.

[docket]

Quote: Kwixdraw

Looking for justice in any legal proceeding is like hunting for unicorns. There is a lot of hunting but not much finding. Retired from a municipal police department after 24 years and married to a family law attorney who only handles cases for men. (Dadslaw if any of you poor devils have need.)  I'm afraid that the era of the "rugged individualist" American is just about done. Everyone is entirely too willing to feel victimized if there is enough upside to it. I think there are certain activities that should have an implied acceptance of the risks associated with that activity.  Let an airline impress me with their safety record not just their cheap fare.

[Barry]

Is BLee a BLonde ??

)

[GeorgePerry]

Quote: Kwixdraw

Looking for justice in any legal proceeding is like hunting for unicorns. There is a lot of hunting but not much finding. Retired from a municipal police department after 24 years and married to a family law attorney who only handles cases for men. (Dadslaw if any of you poor devils have need.)  I'm afraid that the era of the "rugged individualist" American is just about done. Everyone is entirely too willing to feel victimized if there is enough upside to it. I think there are certain activities that should have an implied acceptance of the risks associated with that activity.  Let an airline impress me with their safety record not just their cheap fare.

[FlyDave]

Quote: docket

the client says Yorba Linda, California to which Blee says (and I quote) "No, I'm Blee, I'm not Belinda".  This goes on for several exchanges

[DaV8or]

 Until law makers and the lawyers that interpret the law get reined in by common sense Americans we all loose.

[Kwixdraw]

It's even crazier than that Docket. I can't find anyone out here who doesn't flip out trying to spell my street name. I tell them Paseo De Toronto and it alway comes back "Pasco Duh Tronto" or some such corruption.....  California public school are a wasteland.

 I try not to be too negative about the legal system but retirement was the only relief I could find. Some aspects of law may not be as bad as others but I think one of the real problems with our legislators is that they get a law degree and move on to politics without much real experience using that degree. Witness the trouble in trying to find anything that the pres. did in his time editing the Harvard Law Journal or anything else he was supposed to have been involved with. Or check out the former judge who was worried that Guam would capsize. We do not have our best and brightest in law or the legislature. Either State or Federal.